Sec. 4012. BRAKE PERFORMANCE STANDARDS

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## SEC. 4012 BRAKE PERFORMANCE STANDARDS **[**[49 U.S.C. 2521 note](/us/usc/t49/s2521)**]** ###

(a)Initiation of Rulemaking Not later than May 31, 1992, the Secretary shall initiate rulemaking concerning methods for improving braking performance of new commercial motor vehicles, including truck tractors, trailers, and their dollies. Such rulemaking shall include an examination of antilock systems, means of improving brake compatibility, and methods of ensuring effectiveness of brake timing. ###

(b)Limitation With Respect to Rules Any rule which the Secretary determines to issue regarding improved braking performance pursuant to the rulemaking initiated under this section shall take into account the need for the rule and, in the case of trailers, shall include articulated vehicles and their manufacturers. ###

(c)Rulemaking Procedure Any rulemaking under this section shall, consistent with section 229 of the Motor Carrier Safety Act of 1984 (49 U.S.C. App. 2519(b)), be carried out pursuant to, and in accordance with, the National Traffic and Motor Vehicle Safety Act of 1966. ###

(d)Completion of Rulemaking The Secretary shall complete the rulemaking within 18 months after its initiation; except that the Secretary may extend that period for an additional 6 months after giving notice in the Federal Register of the need for such an extension. Such extension shall not be reviewable. ###

(e)Limitation on Statutory Construction Nothing in this section shall be construed as affecting the authority of the Secretary under this Act (or preventing the Secretary) from simultaneously initiating a rulemaking concerning methods for improving brake performance in the case of vehicles, other than new manufactured commercial motor vehicles, and for considering the necessity for effective enforcement of any rule relating to improving such performance as part of the rulemaking proceeding and for considering the reliability, maintainability, and durability of any brake equipment. ###

(f)Commercial Motor Vehicle Defined For purposes of this section only, the term “**commercial motor vehicle**” means any self-propelled or towed vehicle used on highways to transport passengers or property if such vehicle has a gross vehicle weight rating of 26,001 or more pounds.

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49 USC 2521

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Sec. 4012

BRAKE PERFORMANCE STANDARDS

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